R.N.Pyne, J. - (1.) This appeal is directed against a judgment and order dated January 17, 1973, of T.K. Basu J. [1974] TLR 115 allowing the respondent company's application made under art. 226 of the Constitution challenging the validity of five notices all dated 14th December, 1964, issued under Section 148 of the Income-tax Act, 1965 (hereinafter referred to as "the Act") in respect of the assessment years 1956-57, 1957-58, 1958-59, 1959-60 and 1961-62. By the aforesaid notices the appellant sought to reopen the respondent's assessments in respect of the aforesaid years.
(2.) Out of the aforesaid five notices the learned judge of the court of first instance cancelled and rescinded four notices relating to the assessment years 1956-57 to 1959-60 and directed the appellant to forbear from giving effect thereto in any manner whatsoever. The learned judge however upheld the notice for the assessment year 1961-62 and as there is no appeal against that decision it is not necessary for us to refer to the said notice for the assessment year 1961-62.
(3.) As the learned judge of the court of the first instance in his judgment has set out the relevant facts of this case in detail, to avoid prolixity, it is not necessary to recite the same. It appears that the assessments in respect of the said years were sought to be reopened by the I.T. department on the ground that there was escapement of income from the assessment because of the fact that the assessee's stock-in-trade and work-in-progress were not correctly assessed due to non-disclosure of material facts by the assesses. The department's case and the reasons for reopening of the assessments and issuance of the said notices would appear from the affidavit of one Mohamed Maraikayar affirmed on the 22nd May, 1964, which was used in opposition on behalf of the department in the court of the first instance and the material portion of the recorded reasons which were disclosed pursuant to the court's order and set oat by the said deponent in his another affidavit affirmed on the 1st December, 1972.;